JS Bloor Ltd v Pavillion Developments Ltd [electronic resource]
JS Bloor Ltd v Pavillion Developments Ltd [electronic resource]
- 2008
[2008] EWHC 724 (TCC), 14 March 2008. Despite a variety of unknown quantities, a developer could not claim expenses from an individual whose land it had accidentally improved. Claimant (B), a property developer, sold land to other developers including respondent (P). An agreement existed whereby B would build and maintain an access road and P would build another access road at a later date. B ended up mistakenly building both roads and tried to claim for the expense of the incontrovertible benefits that they claim were afforded to P as a result of this error. P maintained that English law does not hold a developer responsible for mistaken improvements by another party to their land. Case dismissed: B could not reclaim costs from P as it enjoyed non-pecuniary improvements to access and other benefits as a result of creating the road. The judge also found that P had suffered disadvantages as a result of the road creation, including the inability to choose the specification for the section of road that they had agreed to build. An additional charge laid by B that P had dumped spoil on its land was also rejected by the judge, as there was evidence to the contrary.
JS BLOOR LTD V PAVILLION DEVELOPMENTS LTD
BLUE HAVEN ENTERPRISES LTD V TULLY
TAYLOR FASHIONS LTD V LIVERPOOL VICTORIA TRUSTEES CO LTD
WILMOTT V BARBER
England and Wales--1543-
[2008] EWHC 724 (TCC), 14 March 2008. Despite a variety of unknown quantities, a developer could not claim expenses from an individual whose land it had accidentally improved. Claimant (B), a property developer, sold land to other developers including respondent (P). An agreement existed whereby B would build and maintain an access road and P would build another access road at a later date. B ended up mistakenly building both roads and tried to claim for the expense of the incontrovertible benefits that they claim were afforded to P as a result of this error. P maintained that English law does not hold a developer responsible for mistaken improvements by another party to their land. Case dismissed: B could not reclaim costs from P as it enjoyed non-pecuniary improvements to access and other benefits as a result of creating the road. The judge also found that P had suffered disadvantages as a result of the road creation, including the inability to choose the specification for the section of road that they had agreed to build. An additional charge laid by B that P had dumped spoil on its land was also rejected by the judge, as there was evidence to the contrary.
JS BLOOR LTD V PAVILLION DEVELOPMENTS LTD
BLUE HAVEN ENTERPRISES LTD V TULLY
TAYLOR FASHIONS LTD V LIVERPOOL VICTORIA TRUSTEES CO LTD
WILMOTT V BARBER
England and Wales--1543-